Armed Forces Commissioner Bill (First sitting)

Debate between Michelle Scrogham and Pam Cox

Committee stage
Tuesday 10th December 2024 Public Bill Committees

[Michelle Scrogham]

Q What should we be learning from the German model to make improvements here?

Mariette Hughes: For me, the best thing from the German model that I would like us to learn from and take forward is the voice that Dr Högl has within the German Parliament. She has a permanent seat; she sits in all the sessions. I am not saying that the commissioner should have that, but they should certainly have the ability to lay reports directly or have them laid in the House so that more focus is placed on this. There is absolutely no point having all this access and information and creating the reports if they do not go anywhere and nobody talks about them. That level of parliamentary oversight and visibility is what we should mirror from the German system.

[Pam Cox (Colchester) (Lab)]

Q Thank you for joining us. The Ombudsman Association has questioned the use of the term “commissioner” in relation to this role, on the grounds that it is usually used for bodies with less influence. What are your views on that?

Mariette Hughes: I am also a board member of the Ombudsman Association. You will not be surprised to know that my views align very closely with those of the chair of the Ombudsman Association. I understand why we are using the word “commissioner”, based on the fact that we were mirroring the German system, but as set out in the letter from the chair, the Cabinet guidance is very clear that “ombudsman” is the gold standard.

As I have mentioned, we have 22 established schemes; we have a very wide network of ombudsmen. Within my office, we have spent a lot of time trying to get people to understand the value of an ombudsman, what it is and what it does. Having been the service complaints commissioner previously, I worry that going back towards “commissioner”—going from service complaints commissioner to service complaints ombudsman to armed forces commissioner—is a step back. It feels like if we are doing that, is the next step not armed forces ombudsman? Do we not just go there straightaway?

Armed Forces Commissioner Bill (Second sitting)

Debate between Michelle Scrogham and Pam Cox

Committee stage
Tuesday 10th December 2024 Public Bill Committees

[Pam Cox]

Q Thank you for joining us this afternoon. One of the key functions of the new commissioner will be to promote

“the welfare of persons subject to service law and”—

this is a key phrase—“relevant family members”. That is left deliberately broad. What is your view on how a relevant family member might be defined?

Collette Musgrave: Where to start? This is a problem that we have grappled with for many years. The Army Families Federation is 42 years old, and what a family member looked like back then is very different from what a family member looks like now.

Maintaining that flexibility about what a family member is has been absolutely key for us in being able to properly support families. It may very well be a spouse or civil partner, or it may be a child. It may be a grandparent, if they were involved in caring for or supporting the family in any way. It may be an aunt or uncle. Quite frankly, with many of the people we deal with, some of whom have had quite challenging and difficult upbringings, it may be that they regard their wider friendship network as their family and their support network. It is a real challenge sometimes for us as an organisation to delineate and work this out so that we can best support the individual or the family in question.

Clearly, when it comes to the provision of defence processes and services, there are quite clear rules and regulations about who is in scope. My organisation and I personally might take issue with some of those, but none the less they are quite clearly laid out. One of the key difficulties that families face is often navigating that alongside their expectations, and alongside how wider society and some of the statutory external bodies I referred to earlier regard a family. It is that level of confusion that this process will have to work through quite quickly, referring back to Maria’s point about expectation management.

I note that in the debate and the questions in the House there were quite a lot of comments about bereaved families. There has been a significant amount of work over the last couple of years on identifying and supporting bereaved families, and meeting their actual needs rather than their perceived needs. We would certainly like to see bereaved families being addressed in some way within the scope of the Armed Forces Commissioner’s activities.

That would probably be something of a challenge, because the needs and requirements of a family when they are initially bereaved can be quite different from those of a bereaved family 10 or 20 years down the line. That would most definitely be something of a challenge for the Armed Forces Commissioner to work through. Nevertheless, we feel quite strongly that bereaved families should be included in the scope of the definition of families. Beyond that, it is not straightforward. We would like to see the broadest possible definition, because that is what service personnel and their families need, and it should be responsive to their needs and not to what happens to be in the relevant JSP.

Maria Lyle: I recognise that in the legislation, there may need to be—I do not know; I am not responsible for passing this Bill—a clause about what is applicable overseas and in the UK regarding families, for example, and how they are defined and dealt with.

I will give a live example of why it is important to keep the definition as broad as possible. At the moment, adult children are no longer defined as “dependents”, but many families talk to us about the needs of their young adult children who cannot access bases because they can no longer get a dependent’s pass, perhaps because they are at university or have left university. These days, of course, it is really hard for a young person to get accommodation, so they often stay at home sharing married quarters in a way that they would not have done 10 or 20 years ago. It is that sort of thing—the changing shape of family—and this Bill is an opportunity to allow some of those issues to be voiced and made relevant to an Armed Forces Commissioner.

Sarah Clewes: A family may also constitute a couple who have chosen not to have children or who cannot have children. We may think of them as a couple, but actually they are a family, because they are a couple. Are they within or without scope? It is important to consider every single differing family dynamic so that people are not excluded.

[Michelle Scrogham]

Q How do you envisage this Bill improving service life? You mentioned the importance of communications and getting the information to service personnel. How do you see your role in that?

Maria Lyle: I was thinking about that element beforehand. It depends on how the process pans out, in terms of how strategic or how tactical the role of the commissioner’s office is. We want this Bill to be a really helpful change in how military families and personnel are supported, so we want there to be as useful a working relationship with the Armed Forces Commissioner as possible.

For example, we would be really keen to share with the commissioner on a regular basis the information and evidence that we receive all year. There is a rich pattern of data across the sector—the third sector that deals with families—that could be brought to bear in terms of identifying exactly where the big issues are that the Armed Forces Commissioner could shine a light on, perhaps leaning in with Government Departments.

The change in this Bill is the report to Parliament. The armed forces covenant also provides for a report to Parliament every year. That is not necessarily independent; it is Government reporting on themselves. The legislation gives a layer of independence. If we can use this mechanism and get behind it to help the commissioner to have the evidence they need to enact change, that is certainly how we see our role and work with the commissioner’s office.

Sarah Clewes: Just to add to that, I think evidence is absolutely key. If we were to go for a scattergun approach and ask several charities, they would have an opinion. However, is that helpful? The families federations work very hard to provide evidence so that we can find the themes and find out what matters most. That is not to say that we discount other things that may be in the margin, but I think it is so important to have an evidence base on which to make decisions. Otherwise we could just go for a scattergun approach, tie ourselves up in knots and jump on things that perhaps are important to some, but are they as important for others? We need a certain amount of prioritisation, and that is exactly what we have been doing for a number of years. The opportunity to build on that and funnel some of the information upwards for decision making is most welcome.

Collette Musgrave: Just to build on my colleagues’ comments, I think many—not all, but many—of the issues that face service personnel and their families, and that impact positively or negatively on their decisions about whether to join and stay in the armed forces, are fairly well known and have been looked at in the past from a number of angles. As Sarah and Maria say, there is a rich level of evidence already in place. It is a question of using that, but really trying to understand the scale and depth of the issues.

The issues are all well known, and there are many of us who will get behind a certain one at a certain time, or there will be an external event that prompts examination. But it is a question of understanding, across that broad range, which ones are really impacting rather than being an irritation. What is making a real difference, and what is the depth and scale? Getting in behind those issues is where the Armed Forces Commissioner could bring real value. Galvanising all the various bodies externally, and across defence and across Government, to co-ordinate and co-operate to do that could be quite a significant and positive change.